Harzfeld's, Inc. v. Otis Elevator Co.

RIDGE, District Judge.

Defendant’s motion to dismiss plaintiff’s first amended complaint is premised on grounds identical with those leveled at plaintiff’s original complaint, as to which this Court ruled adversely to defendant’s contentions, in our previous memorandum. 114 F.Supp. 480. We believe such ruling consonant with the law of Missouri, and perceive no reason for departing therefrom or for further commentary thereon. Notwithstanding defendant’s painstaking effort to distinguish the factual situation in the case at bar from that considered in the authorities cited in our previous…